· 11/4/2003
Wietschner v. Monterey Pasta Co.
Citations
- 294 F. Supp. 2d 1102
- 2003 U.S. Dist. LEXIS 24484
- 2003 WL 22889372
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “there may [] be 19 other legitimate reasons for attempting to achieve sales earlier”
- holding that “documents crucial to the plaintiff’s claims but not explicitly incorporated in a complaint can be noticed in order to prevent a plaintiff from surviving a Rule 12(b)(6) motion by deliberately omitting references to documents on which their claims are based”
- taking judicial notice of Forms 4 because they were \integral to the stock sale allegations made in the Complaint\
- granting judicial notice of Form 4s that 3 were “integral to the stock sale allegations made in the Complaint”
- \Courts in this district have almost uniformly rejected the idea that allegations of channel stuffing are sufficient to plead a securities fraud violation.\
- channel stuffing allegations insufficient to show that defendants acted with the requisite scienter
Source: CourtListener parenthetical corpus (CC0).
Judges: Jenkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.